Skilled Visas

Moving from a 417 working holiday visa to a 457 long-stay work visa and 6 month work waiver

4 Aug 2015 / Inna Feldmann

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Moving from a 417 working holiday visa to a 457 long-stay work visa and 6 month work waiver

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Many of us might be planning on coming to Australia or may possibly be already here in Australia on a 417 Working Holiday Visa. This visa is for applicants from select countries who are between 18 and 30 years old and allows the visa holder to enter Australia for up to one year, but the visa only allows work for an employer for up to 6 months. The most common eligible passport countries for the 417 visa are Canada, UK, Ireland, France, Italy, and Germany.

Whilst working for an employer on your 471 visa, your employer may be impressed with your work and your employer may be willing to sponsor you for a 457 temporary long-stay work visa.

It is important that holders of the 417 work visa not breach their 6 month per employer work restriction if they are thinking of staying on further with their employer and proceeding with a 457 visa.

If you have an employer that is willing to sponsor you for a 457 visa, you should ensure that the 457 visa application is made well before the 6 month work restriction for your employer expires. Otherwise you may have to cease working for your employer and await the outcome of the 457 visa application which may not be agreeable by your employer.

If you cross the 6 month work restriction, you could be working illegally and in breach of your visa condition on your 417 visa which could lead to your 417 visa being cancelled and also affecting further visa applications.

Luckily, if your employer is willing to sponsor you for a further 457 visa, you can make a special application to immigration to extend the 6 month restriction on working for your employer. Hunt Migration can assist you with this special application and also assist with your 457 visa application.

Its important to make a proper timely application to immigration if you are seeking a waiver and relaxation of the 6 month work rule on the 417 visa and also to ensure the criteria to be sponsored on a 457 visa are all met and a proper 457 visa application which best sets out your skill for your visa application and position details for your employer nomination is made on your behalf. A 457 visa involves a complex three step process and application with many special criteria which may apply including assessing your skills, the need for the position, market rate assessment, possible labour market testing, and related requirements. An application which does not address these matters can be refused by immigration.

Contact Hunt Migration Brisbane to make an appointment with a Brisbane Migration Lawyer to discuss your options whilst on your 417 and 457 visa options.

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Inna Feldmann

National Operations Manager